Cumberland Farms, Inc. v. Planning Board of Bourne

In Cumberland Farms, Inc. v. Planning Bd. of Bourne, 56 Mass. App. Ct. 605, 611 (2002) (Cumberland I), we held that certiorari was not appropriate in that civil action purporting to challenge the Bourne planning board’s (planning board) denial of site plan approval in connection with Cumberland Farms, Inc.’s (Cumberland), application for a building permit, and remanded the matter “for further consideration or proceedings.” Cumberland sought to amend its complaint, essentially seeking to resurrect its claim as initially commenced, i.e., as an appeal of the decision of the Bourne board of…